Is the WRC of any use if you are not in a union and not semi-state?

Bruno Smith · 19-10-2021 9:55pm #1

I work in a SME and I am awaiting on a date for adjudication with the WRC and was recently told that even if they find in my favour, there is no onus on my employer to actually take any notice of their ruling. Knowing my employers track record this is a very likely scenario and with no union I feel I am wasting my time. Anyone know if this is true?

Dav010 · 20-10-2021 1:37pm

Employers are not legally required to comply with WRC determinations, a lot don’t even bother to turn up apparently. So if you win, you might have to then go to the District Court to get judgement enforced.

https://www.workplacerelations.ie/en/complaints_disputes/enforcement/

cokeiscrap · 20-10-2021 7:17pm

Unfortunately the WRC and Labour Court have either no power, have been infiltrated by big business or both.

If you search Siptu v Ballina Beverages aka Coca-Cola you will see where the company refused to implement recommendations made by the Labour Court.

The Labour Court can make numerous recommendations and a company like Coca-Cola can refuse to uphold these decisions.

Yet unfortunately big companies like Coca-Cola can also take these decisions when they unbelievably go their way.

If you go into the Labour Court website and click on latest decisions and type beverage into the search bar, you will find decision UDD2132 where a male employee was dismissed without any proof and yet the Labour Court appallingly upheld the decision to dismiss this employee.

Dav010 · 20-10-2021 7:41pm

https://www.boards.ie/discussion/comment/118049735#Comment_118049735

Seems like the dismissed employee/Appellant at no point contested the allegation and relied only on the belief that the hotel room was unrelated to the event organised by the employer, even though the employer had organised a discount for staff who wanted to stay after the party. What a complete idiot, I’d suggest you use a different example to make your point about the WRC, Coca Cola didn’t use this decision, the Court rejected the Appellant’s appeal of a decision already made.

Jim2007 · 20-10-2021 8:38pm

https://www.boards.ie/discussion/comment/118049735#Comment_118049735

A part from a hang up with Coca-Cola and not knowing the difference between a decision and a dismissal, have you got anything more factual?

cokeiscrap · 20-10-2021 8:45pm

https://www.boards.ie/discussion/comment/118049837#Comment_118049837

The employee was a Siptu member when suspended. Union was of the belief that this was not work related and so advised him to seek legal advice as case could go criminal.

Even solicitor advised client not to engage in any conversation that was not work related and therefore not to answer any questions about incident that was alleged.

cokeiscrap · 20-10-2021 8:47pm

https://www.boards.ie/discussion/comment/118049837#Comment_118049837

If I purchase a bicycle under the cycle to work scheme and I fail of this bike, is the employer liable for any injuries sustained?

cokeiscrap · 20-10-2021 8:50pm

https://www.boards.ie/discussion/comment/118050230#Comment_118050230

Only have hang-up with those who preach about human rights in public but behind closed doors threatene and intimidate their own employees.

This companies human rights policy states that all employees have the right to join or not to join a union but then threatened these employees with their jobs just for wanting union representation.

Dav010 · 20-10-2021 8:57pm

https://www.boards.ie/discussion/comment/118050321#Comment_118050321

If you fall off your bike, how would it be someone else’s fault? The bike is yours. Cycle to work scheme is a Government initiative overseen by Revenue, not your employer.

It would appear that the Appellant was poorly advised.

cokeiscrap · 20-10-2021 9:10pm

https://www.boards.ie/discussion/comment/118050403#Comment_118050403

The company you work for, facilitated you to purchase the bike.

If you crash a car can you now blame your employer for this as they were providing you with the money to purchase the vehicle?

The company provided free alcoholic drinks all night. Nobody forced anyone to be there. Nobody forced anyone to drink alcoholic beverages. Why did the company facilitate her request to change shifts when previously they ignored such requests. Fact.

Dav010 · 20-10-2021 9:18pm

You have an axe to grind, and no logical argument is going to change that. The Court ruled that the event was organised by the employer, the discounts on the rooms were organised for staff by the employer and the Court concluded that neither the Complainant nor the Appellant would have been there unless they were attending the employer’s event.

It appears the Appellant was very badly advised and made no effort to contest the allegation of sexual assault. Silly, silly boy.

Oh, and the bike is your property, not the employers under the Cycle to Work Scheme, Revenue facilitated its purchase. How you cycle your own bicycle is matter of your own choice.

cokeiscrap · 20-10-2021 9:25pm

https://www.boards.ie/discussion/comment/118050528#Comment_118050528

Let's take it that the appealant was badly advised, do they have grounds to take legal action against their legal team?

Only 2 people know what happened behind closed doors, I don't, I wasn't there.

I understand that neither party would have been there if it wasn't a company event, but neither party had to be there or intoxicated due to the company supplying free alcoholic Beverages.

Jim2007 · 21-10-2021 3:06am

https://www.boards.ie/discussion/comment/118050358#Comment_118050358

You can get of the soapbox, since you clearly are not contributing to the discussion of the topic you are on ignore.

21-10-2021 6:44am

'but neither party had to be there or intoxicated'

You can finish your sentence there.

Is the WRC of any use if you are not in a union and not semi-state?

Comments